Town of Smithtown, NY
Suffolk County
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Table of Contents
Table of Contents
A. 
Open areas.
(1) 
Surface and subsurface water shall be appropriately drained to protect buildings, properties and lots so as to prevent the weakening of the structural integrity of any building or subsurface of any lot or property as well as to prevent altering surface conditions and to prevent the development of stagnant ponds.
(2) 
No shopping baskets, carts or wagons shall be left unattended or standing, and said baskets, carts or wagons shall be regularly collected and removed to the interior of the building or buildings from which they were taken by the person responsible for said building or buildings.
(3) 
All fences shall be maintained by the person owning or having responsibility for the property or by the person having use and enjoyment of the property. Such maintenance shall include but not be limited to the replacement and/or repair of fences which may become in disrepair.
(4) 
All landscaping and shrubbery shall be well maintained so that lawns, hedges, bushes and trees shall be kept trimmed and free from becoming a hazard or an obstruction to traffic or vehicular visibility or where such comes into contact with or covers, hides or obstructs any traffic sign.
(5) 
All recharge stormwater basins shall be maintained by the person owning or having responsibility for the property. Such maintenance shall include but not be limited to:
(a) 
The cleaning of storm sewers and other drainage appurtenances serving the said basin so that said installations function as designed; and
(b) 
The removal of any garbage, rubbish, silt, topsoil or other foreign materials which create an unsanitary condition or prevent or impede the leaching action of said basin.
(6) 
All owners, occupants, lessors or persons having responsibility or control of all property within the Town of Smithtown, including, but not limited to, buildings, lots or structures used for residential or commercial purposes, shall maintain steps, walks, driveways, parking spaces and similar paved areas so as to afford safe passage under normal use and weather conditions. All owners, occupants, lessors or persons in control of all buildings or structures used for commercial purposes and the owners or occupants of lands fronting or abutting on any street or highway in a business or industrial district shall maintain and repair the sidewalks adjoining their lands and shall keep the sidewalk adjacent to such premises free and clear from snow, ice, dirt or other obstruction. No salt, calcium chloride or derivatives thereof or other corrosive materials shall be used. Any holes or other hazards that may exist on private roads, streets, parking lots or other private paved or unpaved areas, except residential driveways, shall be filled and necessary repairs or replacements shall be made. All commercial or nonresidential off-street parking facilities shall be kept free of rubbish, sticks, wood, leaves, weeds, paper, cardboard or debris of any kind.
(7) 
Yards, courts and vacant lots shall be kept clean and free of physical hazards, rodent harborage and infestation or solid waste. They shall be maintained in a manner that will prevent solid waste from being blown about a public place or residential area by the elements or by being scattered by animals.
(8) 
Open wells, cesspools and cisterns shall be securely closed or barricaded from access by the public.
(9) 
All permanent signs exposed to public view shall be maintained in good repair. Excessively weathered or faded signs shall be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or removed. All temporary signs, except "For Rent" and other signs otherwise authorized or permitted by the Code of the Town of Smithtown, shall be removed at the expiration of the event or sale for which it is erected or within 60 days after erection, whichever occurs sooner.
(10) 
No person shall deposit, throw, scatter or suffer, permit, maintain or allow the accumulation of any filth, dirt, ashes, junk, garbage, wastepaper, dust, rubbish, sticks, stones, grass, wood, leaves, paper, paper boxes, cardboard, corrugated boxes, iron, tin, nails, bottles or glass of any kind, old cars and parts thereof, tires or any other kind of solid waste or shopping baskets, carts or wagons upon any sidewalk, highway or public place or upon any vacant or improved lot, piece or parcel of ground abutting upon any sidewalk, highway, road or public place or upon any private property within the Town except in accordance with the provisions of the Code of the Town of Smithtown.
(11) 
Any white good as defined in § 177-4 or any other container of any kind which has an airtight door or lock which may not be released or opened from the inside of said white good or container shall not be left outside of any building or dwelling or upon any lot or property that is accessible to any children. Any white good or container which is placed outside for authorized pickup shall have had the door detached from the white good or container prior to placing the white good or container outside.
(12) 
It shall be unlawful for any person of any capacity to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any abandoned, junked, discarded, wholly or partially dismantled, registered or unregistered motor vehicle or vehicles upon any private or public property within the Town of Smithtown unless specifically permitted and authorized pursuant to the Code of the Town of Smithtown.
(13) 
All owners, tenants or occupiers of property located anywhere within the Town of Smithtown shall be required to cut, trim or remove from the land owned or possessed by them brush, grass, solid waste, garbage, rubbish or weeds or to remove poisonous shrubs or weeds on such land, and, upon default, the Town of Smithtown may cause such grass, brush, solid waste, garbage, rubbish or weeds to be cut, trimmed or removed and such poisonous shrubs or weeds to be removed in accordance with the provisions contained herein at the expense of the property owner, tenant or occupier.
(14) 
No owner, tenant or occupier of property anywhere within the Town of Smithtown shall cause, suffer or allow bamboo to be planted, maintained or otherwise permitted to exist within 10 feet of any property line, street, sidewalk or public right-of-way.
(15) 
Property owners have the duty, at their own expense, to trim broken or decayed limbs from trees, to cut down and remove any trees upon their property which are dead, dying, blown over, leaning precariously, harbor insects or disease, and remove any tree stumps or rootballs that are severely damaged or exposed more than 50% above grade which pose a hazard to vehicular traffic or pedestrians within any street, sidewalk, or public right-of-way.
B. 
Buildings and structures.
(1) 
All exterior exposed surfaces not inherently resistant to deterioration shall be repaired, coated, treated or sealed to protect them from deterioration or weathering.
(2) 
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings shall be maintained in a clean, safe and sanitary condition. Every floor, exterior wall, roof and porch or appurtenances thereto shall be maintained in a manner so as to prevent collapse of the same or injury to the occupants of the building or to the public.
(3) 
The foundation walls of every building shall be maintained in good repair and be structurally sound.
(4) 
Exterior walls (including doors and windows), roofs and the areas around doors, windows, chimneys and other parts of the building shall be so maintained as to keep water from entering the building and to prevent undue heat loss from occupied areas. Materials which have been damaged or show evidences of dry rot or other deterioration shall be repaired or replaced and refinished in a workmanlike manner. Exterior walls, roofs and other parts of the building shall be free from loose and unsecured objects and materials. Such objects or materials shall be removed, repaired or replaced.
(5) 
The owner of a vacant building shall take such steps and perform such acts as may be required of said owner from time to time to ensure that the building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property or to the public.
(6) 
Buildings and structures shall be maintained free of insect, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall conform with generally accepted practices.
In any case where the provisions of this code impose a higher standard than set forth in any other ordinance of the Town of Smithtown or under the laws or regulations of the State of New York, then the standards as set forth herein shall prevail. If the provisions of this code impose a lower standard than any other ordinance of the Town of Smithtown or of the laws and regulations of the State of New York, then the higher standard contained in any such ordinance or law shall prevail.
Any owner of real property in the Town of Smithtown or any person who fails to adhere to or violates any provision of this article shall be liable for any defect, injury, fault or damage to any third party.